The draft federal law On Introducing Amendments to the Labour Code of the Russian Federation in Connection with Upgrading the Regulation of Work Performed by Creative Workers for Cinema Organisations, Theatres, Theatrical or Concert Organisations, and Circuses, as well as by Other Persons Participating in the Creation and/or Performance (Exhibition) of Works has been drawn up by the Russian Ministry of Culture pursuant to Clause 2 of the List of Instructions of December 6, 2011, issued by the Prime Minister of the Russian Federation following  a meeting with theatre representatives on November 30, 2011.

 

The draft law suggests supplementing the Labour Code of the Russian Federation with Chapter 52¹.

 

The innovation in this chapter consists of the introduction of a mandatory procedure for competitive selection of creative workers with a view to signing an indefinite-term employment contract to fill an appropriate position and a mechanism for holding this competition. A competition shall be announced once every five years to fill the position held by the creative worker under an indefinite-term employment contract. The competition may involve the holder of the position and other candidates.

 

If a creative worker holding the position under an indefinite-term employment contract loses the competition or refuses to participate in the competition, this shall constitute grounds for terminating his employment contract.

 

The draft law suggests supplementing the Labour Code of the Russian Federation with Article 336³. This article shall define additional grounds for terminating the employment contract signed with a creative worker who fails to be reelected as a result of a competition or refuses to take part in a competition.

 

Article 2 of the draft law regulates transition-period competitions for creative positions held by workers with whom indefinite-term contracts have been signed. When this law comes into force, among the creative workers there will be some who signed indefinite-term contracts more than five years ago. The norm of Article 2 of the draft law stipulates the duty of employers to announce and hold a competition for filling the positions in question within one year of this law coming into force.

 

The statute on the procedure for filling positions by creative workers employed by cinema organisations, theatres, theatrical or concert organisations, and circuses, or by other people participating in the creation and/or performance (exhibition) of works, as well as the List of Positions of creative workers to be filled competitively, shall be approved by a federal executive agency authorised by the Government of the Russian Federation. The said statute shall regulate the procedure for holding the competition and make provision for the mandatory participation of a trade union in the work of the competition commission.

 

Changes suggested by the draft law shall not be applied to creative workers in the media, because the existing media employment practice valid for any editorial board, including television boards, already has provision for a mandatory competitive selection procedure, as a result of which a fixed-term employment contract is signed with a candidate.

 

The work of creative workers in the media as well as that of TV and video film crews shall be regulated under Article 351 of the Labour Code of the Russian Federation.

 

The draft law will be considered at a Government meeting.